Research On The Procuratorial Supervision Mechanism Of Investigation And Interrogation

Interrogation has always been the most concerned investigative measure during the investigation stage.China’s "Criminal Procedure Law" has made a series of regulations on the procedures of investigative interrogation,effectively curbing the extortion of confessions by torture,and significantly enhancing the standardization of investigative interrogation.However,due to the influence of many factors,various illegal interrogations,including torture and extortion of confessions,still occur from time to time,which are superimposed on the previously exsising unjust,false and wrong cases,seriously affecting the credibility and authority of the judiciary.In the supervision system of investigative interrogation,the internal supervision of public security organs has very limited supervision effect due to the limitations of self-supervision.The external supervision of public opinion is accidental and lack of legal effect.Only the People’s Procuratorate,as a legal supervision organ,has the most direct,normal and effective supervision over investigative interrogation,as well as an important subject of external supervision of investigative interrogation.However,in judicial practice,the People’s Procuratorate’s supervision of investigative interrogation still has space that need to be further improved.The main reason is that the procuratorial and supervision mechanism is not complete,for example,the procuratorial supervision channels are too narrow,the procuratorial organs are difficult to investigate and obtain evidence,and the supervision is inadequate,etc.The above-mentioned problems in the process of procuratorial supervision on investigative interrogation,hinder the protection of citizens’ rights during the investigation process,and easily form confessions obtained through threats,inducements,deception,or even torture to extract confessions,resulting in wrong cases and unjust cases,which seriously affect the credibility of the judiciary.The root causes of these problems are the lagging of procuratorial supervision,the lack of rigidity of supervision methods,the lack of disciplinary powers of supervision results,and the lack of supervision awareness of procuratorial personnel.In order to promote the procuratorial organs to better perform the supervisory function of investigative interrogation,and to protect the rights of criminal suspects in the process of investigative interrogation,it is necessary to explore the path of improving the mechanism of supervision of investigative interrogation through analyzing the problems and their causes in the process of investigation,interrogation and supervision.First of all,on the basis of keeping improving the investigative interrogation procedures,the procuratorial supervision procedures should be refined,and the procuratorial organs should be given sanctions for illegal interrogation.Secondly,improve the evaluation mechanism of procuratorial organs for investigation supervision,clarify the status of procuratorial supervision on investigative interrogation,and construct scientific and reasonable evalution standard of procuratorial supervision on investigative interrogation.Finally,continue to promote the separation mechanism of investigation and custody,and strengthen the procuratorial supervision on investigative interrogation with information technology through the establishment of a scientific and technological information platform shared by various agencies of the Department of Public Security,Prosecution and Law.